DESIMONE HOSPITALITY SERVICES, LLC v. WEST VIRGINIA-AMERICAN WATER COMPANY

Action Nos. 2:14-00063, 2:14-00038, 2:14-00039, 2:14-00040, 2:14-00041, 2:14-00042, 2:14-00043, 2:14-00044, 2:14-00045, 2:14-00046, 2:14-00047, 2:14-00048, 2:14-00049, 2:14-00050, 2:14-00051, 2:14-00052, 2:14-00053, 2:14-00054, 2:14-00055, 2:14-00056, 2:14-00057, 2:14-00058, 2:14-00059, 2:14-00060, 2:14-00061, 2:14-00062, 2:14-00064, 2:14-00065, 2:14-00066, 2:14-00067, 2:14-00068, 2:14-00069, 2:14-00070, 2:14-00071, 2:14-00072, 2:14-00073, 2:14-00074, 2:14-00075, 2:14-00076, 2:14-00077, 2:14-00078, 2:14-00079, 2:14-00080, 2:14-00081, 2:14-00082, 2:14-00083, 2:14-00084, 2:14-00085, 2:14-00086, 2:14-00087, 2:14-00088, 2:14-00089, 2:14-00090, 2:14-00091, 2:14-00092, 2:14-00093, 2:14-00098, No. 2:14-2036., 2:14-2008, 2:14-2009, 2:14-2010, 2:14-2011, 2:14-2012, 2:14-2013, 2:14-2014, 2:14-2015, 2:14-2016, 2:14-2017, 2:14-2018, 2:14-2019, 2:14-2022, 2:14-2023, 2:14-2024, 2:14-2025, 2:14-2026, 2:14-2027, 2:14-2029, 2:14-2030, 2:14-2031, 2:14-2032, 2:14-2030, 2:14-2034, 2:14-2035, 2:14-2037, 2:14-2038, 2:14-2039, 2:14-2040, 2:14-2041, 2:14-2042, 2:14-2043, 2:14-2044, 2:14-2045, 2:14-2046, 2:14-2047, 2:14-2048, 2:14-2049, 2:14-2050, 2:14-2051, 2:14-2052, 2:14-2053, 2:14-2054, 2:14-2055, 2:14-2056, 2:14-2057, 2:14-2058, 2:14-2059, 2:14-2060, 2:14-2061, 2:14-2062, 2:14-2063, 2:14-2064, 2:14-2065, 2:14-2067, 2:14-2028

DESIMONE HOSPITALITY SERVICES, LLC, Plaintiff, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. SHAPE SHOP, INC. and THELMA FAYS, LLC d/b/a THELMA FAYS CAFE, Plaintiffs, v. FREEDOM INDUSTRIES, INC. and AMERICAN WATER WORKS SERVICE COMPANY, INC. and WEST VIRGINIA AMERICAN WATER COMPANY, Defendants. NOEL HARDMAN and BRIAN VANNOY and DIANA JOHNSON and COURTNEY HARPER and KATHRYN CASTO and ROBERT STRINGER and KIMBERLY LAPSLEY and TIMOTHY WILBURN and MEAGAN KRASYK and HEIDI STRICKLEN and MARK STRICKLEN and SONJA MARSHALL and MARLENE DIAL and MARGARET SUE ZALENSKI and JOSEPH ZALENSKI and JAMES PARSONS and JANET ATKINS and KEITH ROEHL and LISA ROEHL and CARL CHADBAND and KRISTI CHADBAND and WILLIAM LIPSCOMB and DEBRA LIPSCOMB and APRIL HARRIS and ARMELIA PANNELL and LENOX CHANDLER and JOHNETTE JASPER and LATAUSHA TAYLOR and KEVIN STUBBLEFIELD and MARTHA STUBBLEFIELD and TAMMY PARSONS, Plaintiffs, v. FREEDOM INDUSTRIES, INC. and WEST VIRGINIA-AMERICAN WATER COMPANY, Defendants. MADDIE P. FIELDS, Plaintiff, v. FREEDOM INDUSTRIES, INC. and WEST VIRGINIA-AMERICAN WATER COMPANY, Defendants. RODOCO, INC. d/b/a DONUT CONNECTION, and ALMOST HEAVEN BURGERS, INC. d/b/a CHECKERS DRIVE-IN RESTAURANT and HARGIS UNLIMITED, LLC d/b/a KANAWHA CITY COIN LAUNDRY and MELANIE MARTIN and MEGAN SPEARS and SYRRA SALON LLC and PAUL KIRK d/b/a BARE KNUCKLES TATTOO SHOP, Plaintiffs, v. FREEDOM INDUSTRIES, INC. and WEST VIRGINIA-AMERICAN WATER COMPANY, Defendants. EG & K INC. and RUSTY A. CARPENTER, Plaintiffs, v. FREEDOM INDUSTRIES, INC. and WEST VIRGINIA-AMERICAN WATER COMPANY, and JOHN DOE CORPORATION 1 THROUGH 5 and JOHN DOE, Defendants. SUSAN K. DYER individually and on behalf of all others similar situated, Plaintiff, v. FREEDOM INDUSTRIES, INC. and WEST VIRGINIA-AMERICAN WATER COMPANY, Defendants. 5 CORNERS CAFÉ, LLC and THE VINTAGE BARBER SHOP and JUSTIN A. AMOS, Plaintiffs, v. FREEDOM INDUSTRIES, INC., Defendant. CANDICE HENRY MAHOOD and CARRIE ANN SAMUELS and KATHERINE ELLA GRUBB and KELLI OLDHAM and ELIZABETH GRUBB, Plaintiffs, v. FREEDOM INDUSTRIES, INC. and DENNIS FARRELL and WEST VIRGINIA AMERICAN WATER COMPANY and OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR FREEDOM INDUSTRIES, INC., Defendants. VON HARVEY, Plaintiff, v. FREEDOM INDUSTRIES, INC. and WEST VIRGINIA AMERICAN WATER and AMERICAN WATER WORKS SERVICE COMPANY, INC. and OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR FREEDOM INDUSTRIES, INC., Defendants. PRAY CONSTRUCTION COMPANY and A-LEX, INC. and GRUMPY'S GRILLE, LLC and TWOD INC., Plaintiffs, v. FREEDOM INDUSTRIES, INC. and WEST VIRGINIA AMERICAN WATER OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR FREEDOM INDUSTRIES, INC., Defendants. JOE FAZIO'S RESTAURANT, INC., Plaintiff, v. FREEDOM INDUSTRIES, INC. and WEST VIRGINIA AMERICAN WATER, Defendants. LAURA GANDEE, individual and as representative of others similarly situated, Plaintiff, v. FREEDOM INDUSTRIES, INC., Defendant. JOHN NELSON and WANDA TRIBBIE, an individual and as representative of and along with "other stylists or barbers, located in Kanawha, Putnam, Boone, Jackson, Cabell, Clay Lincoln, Logan and Roane Counties similarly situated, Plaintiffs, v. FREEDOM INDUSTRIES, INC. and WEST VIRGINIA AMERICAN WATER COMPANY, Defendants. KUPPEL LLC d/b/a DREAM TANK d/b/a CAPITOL DOME BAR & GRILLE and REEMA FAMILY HAIRSTYLING, Plaintiffs, v. FREEDOM INDUSTRIES, INC. and WEST VIRGINIA AMERICAN WATER, Defendants. SHANNON LARWA and SHANNON'S SUITE SALON, LLC d/b/a SHANNON'S SUITE SALON and JENNIFER SCHOOLCRAFT and INNOV8 SALON, LLC d/b/a INNOV8 SALON, LLC and ALEX MORGADO and MORGADO DESIGN, LLC d/b/a MORGADO DESIGN and JOHN PATRICK BURGESS, DDS and MADIGAN RAE BURGESS, DDS, individually and on behalf of all others similarly situated, Plaintiffs, v. FREEDOM INDUSTRIES, INC. and WEST VIRGINIA AMERICAN WATER COMPANY, Defendants. CORNELLISUS D. CHRISTIAN, Plaintiff, v. FREEDOM INDUSTRIES, INC., Defendant. JOHN LEVIN and LOUISA LEVIN on behalf of themselves and all others situated, Plaintiffs, v. FREEDOM INDUSTRIES, INC. and WEST VIRGINIA AMERICAN WATER COMPANY, Defendants. GRAZIANO INVESTMENTS, INC. and CATERING UNLIMITED, INC. and SHELTON'S OF KANAWHA CITY, LLC and ERIC BOOTH individually and on behalf of others similarly situated, Plaintiffs, v. FREEDOM INDUSTRIES, INC., Defendant. HAIR WE ARE, INC., Plaintiff, v. FREEDOM INDUSTRIES, INC. and WEST VIRGINIA AMERICAN WATER, Defendants. JUNE GURSKI and JOHN DOE BUSINESS OWNER, Plaintiffs, v. FREEDOM INDUSTRIES, INC. and WEST VIRGINIA-AMERICAN WATER COMPANY and JOHN DOE CORPORATION 1 THROUGH 5 and JOHN DOE, Defendants. LITTLE BO PEEP DAYCARE and KIDS R US DAYCARE and PAULINE'S HOUSE OF CURLS and JANE GURSKI and PAULA MILLER, individually and on behalf of others similarly situated, Plaintiffs, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. BOBBY L. TUCKER and REBA TUCKER, his wife, Plaintiffs, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. MAID IN THE USA, INC., doing business as Maid to Perfection of Charleston, Plaintiff, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. OTIS TUCKER and DANETTE TUCKER, his wife, Plaintiffs, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. THE TOWN OF BUFFALO, Plaintiff, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. RONNIE ALLEN BRISCOE and DENISE EVON BRISCOE, Plaintiffs, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. DEBORAH J. HEDRICK, Plaintiff, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. WILLIAM DESIMONE, JR. and DEANNA L. DESIMONE, Plaintiffs, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. LARRY NEWHOUSE and BRENDA NEWHOUSE, Plaintiffs, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. WELLINGTON'S, INC., a West Virginia corporation, doing business as Wellington's Cafe' & Catering, Plaintiff, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. DARRELL L. MOORE and TAMMY MOORE, his wife, Plaintiffs, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. GARY N. DEWEESE and CONNIE L. DEWEESE, Plaintiffs, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. GERALDINE JOHNS, Plaintiff, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. CHRISTOPHER M. DEWEESE and LORI L. DEWEESE, Plaintiffs, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. CHRISTOPHER JORDAN, Plaintiff, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. SANDYLOU & TIFFANY 2, LLC, a West Virginia corporation, doing business as Angaleno's Pizza, Plaintiff, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. MARGIE JORDAN, Plaintiff, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. NICK KONNOVITCH, Plaintiff, v. WEST VIRGINIA-AMERICAN WATER COMPANY and FREEDOM INDUSTRIES, INC., Defendants. MISTY HARRIS, Plaintiff, v. WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. MARY BARBER Plaintiff. v. WEST VIRGINIA AMERICAN WATER COMPANY Defendant WARREN SHAMBLIN and JESSICA SHAMBLIN, Plaintiffs. v. WEST VIRGINIA AMERICAN WATER COMPANY Defendant. BUFFALO VOLUNTEER FIRE DEPARTMENT, INC., Plaintiff. v. WEST VIRGINIA AMERICAN WATER COMPANY Defendant TRENT FORBIS and LESLI FORBIS Plaintiffs. v. WEST VIRGINIA AMERICAN WATER COMPANY Defendant EJ&K ENTERPRISES, LLC and SOUTH HILLS MARKET & CAFÉ, LLC Plaintiffs. v. WEST VIRGINIA AMERICAN WATER COMPANY Defendant JASON BROGAN Plaintiff. v. WEST VIRGINIA AMERICAN WATER COMPANY Defendant AM & GH LLC, doing business as Grano, and L AND G FOODS, INC. and SAHARA CATERING & RESTAURANT, INC., and MADELINES CAFÉ INC., and MOUND CLEANERS, INC., and NEXUS ATHLETIC CLUBS, INC., and CITY FITNESS, INC., and NAUTILUS FITNESS CENTER, INC., and KINETIX FITNESS LLC, and PAUL WALTON, JR., and TABETHA PEIROS and BART A. ROBERTS and KRISTI MADDOX, and all others similarly situated, Plaintiffs. v. WEST VIRGINIA AMERICAN WATER COMPANY Defendant FALBO & MONDAY, PLLC, and similiarly situated, Plaintiffs. v. WEST VIRGINIA AMERICAN WATER COMPANY Defendant J. E., individually and on behalf of their minor child, K.E., Plaintiff. v. WEST VIRGINIA AMERICAN WATER COMPANY Defendant MELISSA JEAN MEDLEY, Plaintiff. v. WEST VIRGINIA AMERICAN WATER COMPANY Defendant RICHARD GRAVELY, Plaintiff. v. WEST VIRGINIA AMERICAN WATER COMPANY Defendant SCOTT MILLER and BAR 101, LLC, and ICHIBAN, individually and on behalf of all others similarly situated, Plaintiffs. v. WEST VIRGINIA AMERICAN WATER COMPANY Defendant MARK STRICKLAND, Plaintiff. v. WEST VIRGINIA AMERICAN WATER COMPANY Defendant DANIEL CLEVE STEWART, Plaintiff. v. WEST VIRGINIA AMERICAN WATER COMPANY Defendant KRISTY ORD and SHERRI VANCE and CAMBREE VANCE and ANN PERRINE and SANDRA BOWLES and JENNIFER TOTTEN and WILLIAM G. JONES, Plaintiffs. v. WEST VIRGINIA AMERICAN WATER COMPANY Defendant ADELPHIA, INC., on behalf of themselves and all others similarly situated, doing business as Adelphia Sports Bar & Grill, doing business as Capitol Car Wash, doing business as Spyros Parking Lots, Plaintiffs. v. WEST VIRGINIA AMERICAN WATER COMPANY Defendant KANAWHA GOURMET SANDWICHES, LLC, individually and on behalf of all others similarly situated Plaintiff. v. FREEDOM INDUSTRIES, INC., and WEST VIRGINIA AMERICAN WATER and OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR FREEDOM INDUSTRIES, INC., Defendants.

United States District Court, S.D. West Virginia, Charleston.

April 16, 2014.


Attorney(s) appearing for the Case

Freedom Industries, Inc., Debtor, In Re, represented by Brian C. Root , MCGUIRE WOODS, J. Nicholas Barth , BARTH & THOMPSON, Jason P. Alter , McGUIRE WOODS, Mark E. Freedlander , MCGUIRE WOODS, Michael J. Roeschenthaler , MCGUIRE WOODS, Scott E. Schuster , McGUIRE WOODS & Stephen L. Thompson , BARTH & THOMPSON.

Desimone Hospitality Services, LLC, Plaintiff, represented by Harvey D. Peyton , THE PEYTON LAW FIRM & Thomas H. Peyton , THE PEYTON LAW FIRM.

West Virginia-American Water Company, Defendant, represented by A. L. Emch , JACKSON KELLY, Brian R. Swiger , JACKSON KELLY, Thomas J. Hurney, Jr. , JACKSON KELLY, William C. Ballard , JACKSON KELLY & William F. Dobbs, Jr. , JACKSON KELLY.


MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, Jr., District Judge.

Pending are omnibus motions to withdraw reference of these cases to the bankruptcy court, filed on or about March 3, 2014, in the above-styled adversary proceedings.

I.

Freedom is a West Virginia corporation engaged primarily in the production of specialty chemicals for the mining, steel, and cement industries. It is also a leading supplier of freeze...

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